Section 364
Procedure where no claim established
(1)
If no person within such period establishes his claim to the property and if the person in whose possession the property was found is unable to show that it was legally acquired by him, the property shall be at the disposal of the Government and may be sold under the order of a
Magistrate.
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(2)
In the case of an order made under this section, an appeal shall lie to the Court to which an appeal ordinarily lies.
Procedure where owner unknown 365.
If the person entitled to the possession of the property is unknown or absent and the property is subject to speedy and natural decay, or the
Magistrate to whom its seizure or finding is reported is of opinion that its sale would be for the benefit of the owner, the Magistrate may at any time direct it to be sold, and the provisions of sections 363 and 364 shall, as nearly as may be practicable, apply to the net proceeds of the sale.
Order suspended pending appeal 365A. No order made under this Chapter shall come into force until after the expiration of the time prescribed for instituting an appeal or, if an appeal has been instituted, until the dismissal of the appeal, in the proceedings in respect of which such order was made unless the property is subject to speedy or natural decay in which case a Judge or Magistrate may, after recording such evidence as he thinks necessary, order its disposal immediately.
Chapter XXnIII
Transfer of criminal cases
Power to transfer cases 366.
(1)
Whenever it is made to appear to the High Court that -
(a)
a fair and impartial inquiry or trial cannot otherwise be had;
(h)
some question of law of unusual difficulty is likely to arise;
(c)
a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the offence;
(d)
an order under this section will tend to the general convenience of the parties or witnesses; or
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(e)
such an order is expedient for the ends of justice, or is required by any provision of this Code, the High Court may order that any offence be inquired into or tried by any specified Court of a Magistrate competent to inquire into or try such offence, or that any particular criminal case be transferred to and tried before the High
Court, or that a person committed for trial in one place be tried in another place.
(2)
The High Court may exercise any of its powers under this section either on the report of the lower Court, or on the application of a party interested, or on its own initiative.